Possessing, carrying or using an unregistered handgun
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Prohibited Person Possessing Firearms
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Non-Prohibited Person to Possess, Carry or Use a Longarm Without a Licence
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A non - prohibited person possessing, carrying, or using an unregistered longarm
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Non-Prohibited Person to Possess, Carry or Use a Handgun Without a Licence
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Possessing, carrying or using an unregistered handgun
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Possession of a Traffickable Quantity of Unregistered Firearms
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Using a firearm to resist arrest
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Immediate Cancellation of a Licence
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Cancellation of a Licence Held by a Non-Resident
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Suspension of a Licence and Notice of Proposal to Cancel
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Suspension of a Firearms Licence for Certain Prohibited Persons
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Power of the Chief Commissioner to Cancel Licence
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Restrictions on an Application for a Licence Following Cancellation
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Notice of Chief Commissioner’s Decision and Coming into Effect of Cancellation
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Storage of Firearms under Longarm and Handgun Licences
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Permit to Store Handguns
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Storage of Firearms Under Firearm Collectors and Firearm Heirlooms Licences
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Storage of firearms under dealer licences
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Possession of Cartridge Ammunition
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Safekeeping of Firearms and Ammunition Whilst Being Carried, Used or Kept
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Using a Firearm in a Dangerous Manner
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Offence of being an Unlicensed Person having Stored in an Insecure Manner
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Application to be Deemed not a Prohibited Person
What does it mean to be charged with possessing, carrying, or using an unregistered handgun?
Possessing, carrying, or using an unregistered handgun is classified as a serious criminal offence under section 7B of the Firearms Act 1996 (FA). Engaging in any of these actions can result in significant legal repercussions.
Examples of Possessing, Carrying or Using an Unregistered Handgun
- Example 1: Police conduct a search warrant for an unrelated offence and discover an unregistered handgun hidden under a bed in a spare bedroom.
- Example 2: An officer observes you removing an unregistered handgun from the boot of your car parked on a public road.
Police Interview
If law enforcement alleges that you have possessed, carried, or used an unregistered handgun, they will take you to a police station for questioning. During this process, you are permitted to contact our office for legal advice before agreeing to participate in the interview. The interview will be recorded and will involve police asking detailed questions about the circumstances surrounding your possession or use of the unregistered handgun. This is part of their strategy to gather evidence and secure admissions that could limit your defence. While you are not obliged to cooperate, doing so may be in your best interest.
What the prosecution must prove:
To ascertain whether you are charged with possessing, carrying, or using an unlicensed firearm, it is essential to analyse the definition and elements of the offence. The prosecution must establish all elements beyond a reasonable doubt.
- Possession:
- A handgun, particularly a general category or category E handgun, must be present.
- ‘Possessed’ refers to physical control with intent; it is not explicitly defined in the FA but understood through common law as having physical custody or control over the handgun (e.g., in your bedroom).
- Conduct Element:
- The handgun must be within the individual’s physical control, though not necessarily carried on their person.
- Mental Element:
- The court must infer from the evidence that the defendant intended to possess the handgun. Intent can be demonstrated in various ways, such as acknowledging its presence or recognising its nature.
- Establishing physical possession is generally easier than proving carrying or using a handgun.
- Carrying and Using:
- ‘Carry’ implies holding or transporting the handgun in part or whole.
- ‘Used’ is interpreted as discharging the handgun; possessing it is a precondition for using it.
- Unregistered Status:
- Registration is overseen by the Victoria Police Licensing and Regulation Division.
- Additionally, past behaviour indicating a pattern of similar conduct may influence the court’s treatment of your case.
Where Will My Case Be Heard?
If you are charged with possessing, carrying, or using an unregistered handgun, your case will typically be heard in the Magistrates’ Court of Victoria. This court handles summary offences, which are generally less severe and include first-time charges related to unregistered handguns.
However, if you have prior convictions or if the circumstances of your case are deemed more complex—such as involving a category E handgun or serious aggravating factors—your case may be escalated to the County Court of Victoria.
Penalties for possessing, carrying, or using an unregistered handgun:
While possessing, carrying, or using an unregistered handgun is categorised as an indictable offence, these matters are often processed summarily in the Magistrates Court of Victoria. However, subsequent offences, use of a category E handgun, or serious circumstances may lead to cases being heard in the County Court of Victoria.
Severe penalties can be imposed based on the type of unregistered handgun involved:
- Term of Imprisonment:
- First offence – general category unregistered handgun: up to 7 years.
- Second or more offences: up to 10 years.
- First offence – category E unregistered handgun: up to 14 years.
- Second or more offences: up to 17 years.
- Financial Penalties:
- First offence – general category unregistered handgun: up to 600 penalty units.
- Second or more offences: up to 1200 penalty units.
- First offence – category E unregistered handgun: up to 1800 penalty units.
- Second or more offences: up to 2100 penalty units.
Note: Each penalty unit is valued at $161.19.
Factors the Magistrate will consider assessing the severity of the contravention include:
- The nature of the offence.
- Any mitigating factors.
- The method of commission.
- Level of planning.
- Presence of aggravating circumstances.
- Relation to other offences.
- Involvement of co-accused individuals.
- Appropriateness of penalties concerning the crime.
- Complexity of proceedings.
Our lawyers can apply for a conviction or non-conviction post-sentencing through a relevant section 8 application to the court. A conviction leads to a disclosable criminal history, while a non-conviction does not.
Be aware that maximum penalties may change annually as reviewed by the Victorian Department of Treasury and Finance.
Questions and Next Steps:
To assess your chances of successfully defending your charge for possessing, carrying, or using an unregistered handgun, consider the following questions:
- Has the prosecution provided adequate details about the charges?
- Does the prosecution have a strong case against you, and can they prove all elements of the offence?
- Did you possess, carry, or use an item identified as a handgun?
- Was the handgun categorised as a category E firearm?
- Was the handgun registered?
- Should you plead guilty or not guilty, and how will you defend your charge?
- What is the connection, and is it clear?
- How did the breach arise?
- Have you faced similar charges before?
- What options do you have to minimise penalties?
- Do you have a lawful justification for your actions (can you establish a defence)?
These inquiries are where our lawyers can assist in preparing a robust defence.
Our seasoned criminal defence lawyers are equipped to understand your situation thoroughly and guide you through the legal process, including the implications of your decisions and potential penalties. We have a track record of helping clients avoid convictions and harsh penalties, working to realign police accounts with the realities of our clients’ situations. We focus on mitigating factors such as identifying weaknesses in the police’s case, gathering supportive evidence, and engaging you in relevant programs or counselling to lessen penalties.
Factors and Defences to consider:
If you plead not guilty to charges of possessing, carrying, or using an unregistered handgun, your defences will depend on the circumstances of the alleged offence. Each case is unique and requires tailored strategies.
Potential defences may include:
- The prosecution’s inability to prove all elements of the offence.
- Lack of required intent to possess, carry, or use the unregistered handgun.
- Factual disputes or wrongful identification.
- No actual possession: you may have been misidentified (another individual may be responsible).
- Honest and reasonable mistake of fact.
- Necessity.
- Duress.
- Sudden or extraordinary emergency.
- Self-defence.
- Reasonable belief of necessity to possess, carry, or use the unregistered handgun in defence of oneself.
The prosecution must disprove at least one element beyond a reasonable doubt (Zecevic v Director of Public Prosecutions (1987) 162 CLR 645). If this burden is not met, you cannot be found guilty.
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Prohibited Person Possessing Firearms
-
Non-Prohibited Person to Possess, Carry or Use a Longarm Without a Licence
-
A non - prohibited person possessing, carrying, or using an unregistered longarm
-
Non-Prohibited Person to Possess, Carry or Use a Handgun Without a Licence
-
Possessing, carrying or using an unregistered handgun
-
Possession of a Traffickable Quantity of Unregistered Firearms
-
Using a firearm to resist arrest
-
Immediate Cancellation of a Licence
-
Cancellation of a Licence Held by a Non-Resident
-
Suspension of a Licence and Notice of Proposal to Cancel
-
Suspension of a Firearms Licence for Certain Prohibited Persons
-
Power of the Chief Commissioner to Cancel Licence
-
Restrictions on an Application for a Licence Following Cancellation
-
Notice of Chief Commissioner’s Decision and Coming into Effect of Cancellation
-
Storage of Firearms under Longarm and Handgun Licences
-
Permit to Store Handguns
-
Storage of Firearms Under Firearm Collectors and Firearm Heirlooms Licences
-
Storage of firearms under dealer licences
-
Possession of Cartridge Ammunition
-
Safekeeping of Firearms and Ammunition Whilst Being Carried, Used or Kept
-
Using a Firearm in a Dangerous Manner
-
Offence of being an Unlicensed Person having Stored in an Insecure Manner
-
Application to be Deemed not a Prohibited Person
What happens next?
If you find yourself facing a charge of possessing, carrying, or using an unregistered handgun, it is crucial to act promptly. First, contact MK Law to arrange a consultation with one of our experienced criminal defence lawyers.
During this initial meeting, we will discuss the details of your case, assess the evidence against you, and explore potential defences tailored to your circumstances. We will guide you through the legal process, explain your options, and help you prepare for any upcoming court appearances.
Our team is dedicated to ensuring you fully understand your rights and the implications of the charges. We will work diligently to build a robust defence strategy on your behalf, aiming to achieve the best possible outcome in your case. Reach out to us at MK Law today on 1800 130 120 to secure your future and protect your rights.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au